The Fifth Witness - Michael Connelly [65]
I had no qualms about breaking my agreement with Freeman not to reveal the disposition negotiations. The gloves were off at this point.
“Thank you, Your Honor. So we get the offer on a Thursday night and then on Friday morning Ms. Freeman mysteriously yanks it right back off the table without explanation. Well, I think we now have that explanation, Judge. She knew back then—three weeks ago—about this supposed DNA evidence but decided to sit on it in order to surprise the defense with it on the eve of trial. And I—”
“Thank you, Mr. Haller. What about that, Ms. Freeman?”
I could see the skin around the judge’s eyes had drawn tight. He was upset. What I had just revealed had the ring of truth to it.
“Your Honor,” Freeman said indignantly. “Nothing could be further from the truth. I have with me in the gallery here Detective Kurlen who will be happy to testify under oath that the DNA report was delivered over the weekend to his office and opened by him shortly after his arrival at seven thirty this morning. He then called me and I brought it to court. The district attorney’s office has not sat on anything and I resent the aspersion directed at me personally by counsel.”
The judge glanced out to the rows of seats and spotted Kurlen, then looked back at Freeman.
“Why did you withdraw the offer a day after making it?” he asked.
The million-dollar question. Freeman seemed unsettled that the judge would carry the inquiry any further.
“Judge, that decision involved internal issues perhaps better not aired in court.”
“I want to understand this, Counsel. If you want this evidence then you better allay my concerns, internal issues or not.”
Freeman nodded.
“Yes, Your Honor. As you know, there is an interim district attorney since Mr. Williams joined the U.S. Attorney General’s Office in Washington. This has resulted in a situation where we don’t always have clear lines of communication and direction. Suffice it to say that on that Thursday I had a supervisor’s approval for the offer I made to Mr. Haller. But on Friday morning I learned from a higher authority in the office that the offer was not approved internally and so I withdrew it.”
It was a load of crap but she had delivered it well and I had nothing that contradicted it. But when she told me the offer was gone that Friday I knew by the tone of her voice that she had something new, something else, and her decision had nothing to do with internal communication and direction.
The judge made his ruling.
“I am going to put back jury selection ten court days. This should give the defense time to have DNA testing of the evidence completed if it chooses to do so. It also allows ample time to consider what strategic change will come with this information. I will hold the state responsible for being totally cooperative in this matter and in getting the biological material to the defense without delay. All parties will be prepared to begin jury selection two weeks from today. Court is adjourned.”
The judge quickly left the bench. I looked down at the empty page on my legal pad. I had just been eviscerated.
Slowly I started packing my briefcase.
“What do we do?” Aronson asked.
“I don’t know yet,” I said.
“Run the test,” Lisa Trammel said urgently. “They’ve got it wrong. It can’t be his blood on my shoes. This is unreal.”
I looked at her. Her brown eyes fervent and believable.
“Don’t worry. I’ll figure something out.”
The optimism tasted sour in my mouth. I glanced over at Freeman. She was looking through files in her briefcase. I sauntered over and she gave me a dismissive look. She wasn’t interested in hearing my tale of woe.
“You look like things just went exactly the way you wanted them to go,” I said.
She showed nothing. She closed her case and headed toward the gate. Before pushing through she looked back at me.
“You want to play hardball, Haller?” she said. “Then you have to be ready to catch.”
Nineteen
The next two weeks went by quickly but not without progress. The defense rethought and retooled.